Mark Hanna v. Louisiana Department of Public Safety and Corrections
CourtLouisiana Court of Appeal
Date FiledNovember 6, 2026
Docket2026 CA 0522
StatusUnknown
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Full Opinion
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
2026 CA 0522
tj MARK HANNA # 132872
VERSUS
LOUISIANA DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONS
JUDGMENT RENDERED:
NOV 0 6 2026
Appealed from the Nineteenth Judicial District Court
Parish of East Baton Rouge • State of Louisiana
Docket Number 758469 • Division 32
The Honorable William Jorden, Presiding Judge
Mark Hanna, DOC # 132872 APPELLANT
Louisiana State Penitentiary PLAINTIFF— Pro se
Angola, Louisiana
Jonathan Vining COUNSEL FOR APPELLEE
Baton Rouge, Louisiana DEFENDANT— Louisiana
Department of Public Safety and
Corrections
BEFORE: THERIOT, GREENE, AND EDWARDS, JJ.
EDWARDS, J.
Plaintiff, who is currently incarcerated at the Louisiana State Penitentiary in
Angola, Louisiana (" LSP"), appeals a judgment of the district court dismissing
without prejudice his petition for judicial review for lack of subject matter
jurisdiction based on a failure to exhaust administrative remedies in accordance with
the Louisiana Corrections Administrative Remedy Procedure Act. For the following
reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
Plaintiff, Mark Hanna, is currently incarcerated at LSP. In or around
December 2024, while Mr. Hanna was incarcerated at Rayburn Correctional Center,
he submitted a complaint grievance pursuant to the Louisiana Department of Public
Safety and Corrections (" DPSC") administrative remedy procedure (" ARP").
Therein, Mr. Hanna raised grievances titled: ( 1) " Inmate Kingdom Prison Law
Libraries Inadequate"; ( 2) " Delinquent Officer Use of Force Injury Tort Claim"; ( 3)
Delinquent Officer Malfeasance Injury Tort Claim"; and ( 4) " Delinquent Officer
Mischief Injury Tort Claim[.]" Each of these grievances was neatly written on a
single and separate page. Mr. Hanna also submitted a fifth grievance regarding an
incident that took place on October 8, 2024, titled " Inadequate Medical Care Injury
Disfigurement Disability Claim," which spanned two pages. On January 2, 2025,
the Warden' s Office provided Mr. Hanna with an ARP rejection notice dated
December 27, 2024, which identified the date of incident as " 10/ 08/ 2024" and stated,
This request is too lengthy. In order for it to be considered, you must resubmit the
grievance summarized on no more than one page." This rejection notice was labeled
RCC -2024- 977."
Mr. Hanna resubmitted. his ARP, which included all of the previous
complaints plus an additional grievance titled " RCC Medical Personnel Attacking
Inmates in the Infirmary Triage Room[.]" The Warden' s Office provided Mr. Hanna
2
with a second ARP rejection notice on January 8, 2025, labeled " RCC -2025- 017."
The rejection notice was dated January 6, 2025, and stated:
This request is too lengthy. In order for it to be considered, you must
resubmit the grievance summarized on no more than two pages. THIS
OFFICE HAS ALREADY REJECTED THIS COMPLAINT DUE TO
IT BEING VERY LENG-THY..FOLLOW ESTABLISHED RULES &
PROCEDURES. THIS OFFICE WILL NOT CONSIDER THE
COMPLAINT UNTIL IT is SUMMARIZED ON I OR 2 PAGES
AND NO MORE!!!!!
Mr. Hanna filed two petitions for judicial review at the Nineteenth Judicial
District Court (" 19th JDC") on January 29, 2025. The first, regarding RCC -2024-
977, was assigned docket number C- 758468 (" Hanna I"), and the second, regarding
RCC -2025- 017, was assigned document number C- 758469 (" Hanna 11").' In both
petitions, Mr. Hanna alleged that his ARPs were rejected " with the purpose to thwart
exhaustion by giving a false appearance of an over -lengthy ARP grievance."
The 19th JDC Commissioner issued a Commissioner' s Screening Report
CSW') in Hanna 11 on March, 20, 2025. The CSR stated that the 19th JDC lacked
subject matter jurisdiction because the ARP process was not fully exhausted.
Therefore, the Commissioner recommended dismissal of Hanna 11. Mr. Hanna filed
a traversal of the CSR on July 3, 2025. He argued that the Warden incorrectly
concluded that his ARP was " too lengthy" by considering all of the grievances
together rather than separately. On December 10, 2025, the district court signed a
screening judgment, wherein it adopted the Commissioner' s CSR and dismissed
Hanna 11 " for lack of subject matter jurisdiction based on a failure of exhaustion of
1 Mr. Hanna requested the two cases be consolidated, but it does not appear the 19th JDC acted on
Hanna I was dismissed by the 19th JDC, and this court affirmed. See Hanna v.
this request.
Bickhani, 2025- 0566 ( La. App. I Cir. 2/ 25/ 26), --- So. 3d ----- 2026 WL 519623, writ denied,
2026- 00368 ( La. 9/ 2/ 26), 436 So. 3d 1015. Hanna 11 is the matter currently before this court in
this appeal.
3
all administrative remedies, without prejudice, and at the Petitioner' s costs." Mr.
Hanna appealed.'
This case is governed by the Louisiana Corrections Administrative Remedy
Procedure Act (" the Act"), La. R.S. 15: 1171, et seq., which contains the formal
grievance mechanism that all offenders committed to the custody of DPSC must use
before they may proceed with a suit in federal or state court. Allen v. Louisiana
Department of Public Safety and Corrections, 2024- 1183 ( La. App. 1 Cir.
9/ 19/ 25), 430 So. 3d 1105, 1108. Linder the Act, an offender aggrieved by an adverse
decision by DPSC rendered pursuant to the prescribed administrative remedies may
seek judicial review in the 19th JDC. La. R.S. 15: 1177( A).' On review of the
agency' s decision, the district court functions as an appellate court. Allen, 430 So. 3d
at 1108. Its review is confined to the record and limited to the issues presented in
the petition for review and the ARP filed at the agency level. La. R.S.
15: 1177( A)(5).
An aggrieved party may appeal a final judgment of the district court to the
appropriate appellate court. See La. R.S. 15: 1177( A)(10). On appeal of the district
court' s judgment, the appellate court reviews the administrative record de novo
under the criteria of La. R.S. 15: 1177( A)(9). Allen, 430 So. 3d at 1108.
Notice of signing ofjudgment was mailed on January 7, 2026. Mr. Hanna filed a notice of appeal
on February 13, 2026, which the district court granted on February 24, 2026. Thus, this appeal is
timely pursuant to Louisiana Code of Civil Procedure article 2087.
3
Agency decisions relative to delictual actions for injury or damages are expressly excluded from
La. R.S. 15: 1177( A). After exhausting all administrative remedies, tort actions must be filed
separately as original civil actions pursuant to La. R.S. 15: 1177( C) and 15: 1184( A)(2). See
Crooker v. Dillon, 2021- 1431 ( La. App. 1 Cir. 6/ 22/ 22), 343 So. 3d 799, 802.
rd
DISCUSSION
Prisoner suits are subject to the administrative procedures of the Act. Allen,
430 So. 3d at 1108; LAC 22: 1. 325( D)( 1). Pursuant to the Act, DPSC adopted rules
and procedures governing the ARP process, including procedures for receiving,
hearing, and disposing of complaints and grievances by offenders against the State
that may arise while an offender is within the custody or under the supervision of
DPSC. See La. R.S. 15: 1171( 13); LAC 22: I.325. In accordance therewith, offenders
must exhaust a two- step ARP process before they can proceed with a suit in state
court. See Scott v. Louisiana Department of Public Safety and Corrections,
2022- 1103 ( La. App. 1 Cir. 4/ 14/ 23), 364 So. 3d 1155, 1158, writ denied, 2023-
00703 ( La. 9/ 26/ 23), 370 So. 3d 479.
Once an offender initiates the formal ARP process, the grievance is screened
prior to being assigned to the first step in the two-step ARP process. LAC
22: I.325( I)( 1). Through the screening process, the grievance is either accepted and
processed or rejected for one of the reasons enumerated in LAC
22: 1. 325( I)( 1)( c)( i)( a)-( I). One such reason for rejection is if the request is unclear
or the volume of attached material is too great.' See LAC 22: I.325( I)( 1)( c)( i)(k).
An offender whose grievance is rejected during screening must correct the noted
deficiencies and resubmit the request to the ARP screening officer. LAC
22: I.325( I)( 1)( c)( iii); Perez v. Louisiana Department of Public Safety and
Corrections, 2023- 1318 ( La. App. 1 Cir. 7/ 17/ 24), 395 So. 3d 286, 287.
An ARP that is rejected for any of the enumerated reasons in LAC
22: I.325( I)( 1)( c)( i)(a)-( 1) is not appealable to the second step; therefore, an offender
has not properly exhausted his administrative remedies if his request is rejected
4 We note that an ARP also may be rejected when the offender " requested a remedy for more than
one incident (a multiple complaint) unless the request is a report of an allegation of sexual abuse."
LAC 22: I.325( I)( I)( c)( i)( g).
5
LAC 22: 1. 325( F)( 3)( a)( viii); LAC
during grievance screening.
22: 1. 325( l)(1)( c)( iii)-(iv); Perez, 395 So. 3d at 288. Accordingly, an ARP must be
accepted for proper exhaustion to occur, as exhaustion only occurs when a second -
step response had been issued on the merits. LAC 22: 1. 325( F)( 3)( a)( viii). If an
offender fails to exhaust available administrative remedies, the district court and the
appellate court lack subject matter jurisdiction to review the claim. Perez, 395 So. 3d
at 288. Further, if the ARP process has not been completed at the time the petition
is filed, the petition shall be dismissed without prejudice. See La. R.S. 15: 1172( C).
In this matter, Mr. Hanna' s grievance was rejected prior to the first step of the
two-step ARP process. Since Mr. Hanna failed to remedy the deficiencies noted in
the response and consequently failed to reach the second step, Mr. Hanna has not
exhausted his administrative remedies. Therefore, neither the district court nor this
court has subject matter jurisdiction to review his claim. After a thorough review of
the record and relevant jurisprudence, we find no error of law or abuse of discretion
by the district court in dismissing the petition for judicial review without prejudice.
See Hanna v. Bickham, 2025- 0566 ( La. App. I Cir. 2/ 25/ 26), --- So. 3d 2026
VvTL 519623, writ denied, 2026- 00368 ( La. 9/ 2/ 26), 436 So. 3d 1015.
DECREE
After a thorough review of the record, in consideration of Mark Hanna' s
arguments on appeal, and applying the relevant law and jurisprudence, we find no
error of law or abuse of discretion by the district court in adopting, as its own, the
Commissioner' s screening report. Thus, we affirm the December 10, 2025 judgment
of the district court. All costs associated with the appeal are assessed against
appellant, Mark Hanna.
AFFIRMED.
ON